R v Wayne Michael Connors

Case [2012] ACTSC 80


HUMAN RIGHTS ACT

R v WAYNE MICHAEL CONNORS
[2012] ACTSC 80 (28 May 2012)

CRIMINAL LAW – bail – conditions of bail – urinalysis – objectives of bail – application to delete portion of bail condition requiring the accused to submit to urinalysis – whether requiring an accused person to submit to urinalysis is ancillary to a permitted objective of bail – whether the term “urinalysis” is ambiguous or meaningless – whether the grant of power to Corrective Services to require an accused person to submit to urinalysis is unnecessarily restrictive

HUMAN RIGHTS – limits applicable to the specification of bail conditions – whether there must exist grounds for suspicion of breach of bail condition to justify the intrusion upon an accused person’s privacy rights – whether primary bail condition is necessary having regard to the Human Rights Act2004 (ACT) – whether ancillary bail condition is justified in order to render primary bail condition effective

Bail Act 1992 (ACT), ss 25, 56A
Bail Act 1978 (NSW), ss 36, 37, 50
Road Transport (Alcohol & Drugs) Act 1977 (ACT)
Human Rights Act 2004 (ACT), ss 12, 28

Lawson v Dunlevy [2012] NSWSC 48
Wragg v State of New South Wales (1953) 88 CLR 353

No. SCC 310 of 2011

Judge:             Higgins CJ
Supreme Court of the ACT

Date:              28 May 2012

IN THE SUPREME COURT OF THE     )
  )          No. SCC 310 of 2011
AUSTRALIAN CAPITAL TERRITORY           )          

R

v

WAYNE MICHAEL CONNORS

ORDER

Judge:  Higgins CJ
Date:  28 May 2012
Place:  Canberra

THE COURT ORDERS THAT:

  1. Condition one of the accused’s bail conditions be amended by the addition of the words “if so directed in the course of supervision by an officer so authorised by the Director-General.”

  1. The accused, Mr Connors, was initially granted bail upon conditions which included a requirement that he “accept the supervision of the Director-General of ACT Corrective Services and obey all reasonable directions.”  On 19 March 2012, I added to that condition the words “including submit to urinalysis.”

  1. Mr Rutherford, on behalf of the accused, now asks for that portion of the bail conditions to be deleted.  The contention advanced is that the condition is beyond the powers conferred by the Bail Act 1992 (ACT) (“the Bail Act (ACT)).

  1. That submission relied on a decision by Garling J of the Supreme Court of New South Wales in the recent case of Lawson v Dunlevy [2012] NSWSC 48 (“Lawson v Dunlevy”).

  1. In that case, the condition under consideration, which had been imposed in support of a condition that the person admitted to bail, Mr Lawson, abstain from the consumption of intoxicating liquor, was that he submit to breath analysis if so required by a police officer. It was agreed that such a condition was commonly imposed in the Local Court by magistrates and by authorised officers granting conditional bail where, in order to avoid further offending, it was considered necessary that abstinence from alcohol be required.

  1. It was accepted by his Honour that…

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R v Wayne Michael Connors [2012] ACTSC 80
Case
[2012] ACTSC 80
Decision Date

CaseChat Overview and Summary

In this case, the accused, Wayne Michael Connors, was the subject of a bail application which was heard by the ACT Magistrates Court. Connors applied to have a condition of his bail deleted that required him to submit to urinalysis. The legal issues the court had to address included whether requiring an accused person to submit to urinalysis was ancillary to a permitted objective of bail, whether the term “urinalysis” was ambiguous or meaningless, and whether the grant of power to Corrective Services to require an accused person to submit to urinalysis was unnecessarily restrictive.

The court found that requiring an accused person to submit to urinalysis was ancillary to a permitted objective of bail, which was to ensure the accused would attend court. The court also found that the term “urinalysis” was not ambiguous or meaningless, and that the grant of power to Corrective Services was not unnecessarily restrictive. In reaching its decision, the court considered the objectives of bail, the need to balance the rights of the accused with the rights of the community, and the Human Rights Act 2004 (ACT). The court held that a primary bail condition was necessary to ensure the accused would attend court, and that an ancillary bail condition was justified in order to render the primary bail condition effective.

The court granted the application to amend the bail condition, by adding the words “if so directed in the course of supervision by an officer so authorised by the Director-General.” This amendment ensures that the accused is only required to submit to urinalysis if it is necessary and reasonable in the circumstances. The court considered this to be a proportionate response to the need to balance the rights of the accused with the rights of the community.

Orders

Orders of the court

1. Condition one of the accused’s bail conditions be amended by the addition of the words “if so directed in the course of supervision by an officer so authorised by the Director-General.”

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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